Democrats put up hopefuls for Texas' high courts despite long odds

AUSTIN — The Texas Democratic Party is hoping their slate of Houston-area attorneys and judges running for seats on the state's highest courts will catch a "blue wave" of anti-Trump sentiment to carry them into office.

But the candidates said Tuesday they know they are facing a steep battle in 2018, given that Democrats haven't won a statewide race since 1994.

"We all know it's a stretch goal," said Judge Steve Kirkland who has served as a judge in municipal and district courts and is running for Place 2 on the Texas Supreme Court to replace Justice Don Willett who is expected to be confirmed to sit on the 5th U.S. Circuit Court of Appeals.

Kirkland, who helped develop Houston's Homeless Recovery Court, said he is optimistic that demographic shifts to a younger and more diverse population and an opposition to Republicans who control the state and the White House could make way for higher Democratic turnout to give the justices a chance.

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"We've got a bully in the White House. We have a governor that's a bully," said Judge R. K. Sandill, who is running for Place 4 on the Supreme Court against Justice John Phillip Devine. "Texans stand up to bullies."

After witnessing sweeping Democratic wins in Harris County last year and in Virginia this month, Democrats are counting on a "blue wave" of people to vote for them in next year's general election to push back against President Donald Trump and his administration. Many political science experts and operatives say they expect Republicans to keep a stronghold on the state, but add that GOP candidates in competitive down ballot races could find themselves in jeopardy.

Six total statewide seats are up for election on the Texas' high courts: three on the Supreme Court and three on the Court of Criminal Appeals, the highest court for criminal matters. Each term lasts six years.

Democratic Party Deputy Executive Director Manny Garcia said the party currently has only five candidates and does not expect a sixth to come forward to run for the Criminal Court of Appeal's Place 8 at this time.

The last Democrat to sit on either court, Justice Larry Meyers, was a Republican who switched parties in 2013 citing issues with the tea party. He was defeated in 2016.

All five of the 2018 candidates are from Harris County. Of the four who are judges, none risk losing their current seat on the bench if they lose in the general election.

Judge Ramona Franklin is running for Place 7 on the Court of Criminal Appeals. She presides over the 338 Criminal District Court and would run against Justice Judge Barbara Hervey.

"So many people think the law depends on the amount of money they have," Franklin said. "The perception is wrong, but it is still perception... I think if we can debunk that, I've done my part."

Judge Maria Jackson, a presiding judge in the 229th State District Court in Houston since 2008, wants a seat on the Court of Criminal Appeals. She will run against Presiding Judge Sharon Keller for Place 1.

"I believe in being the judge for everyone," Jackson said. "I'm running because I can be a part of change in the law and making it more balanced."

Kathy Cheng, a Houston-area attorney and first generation Asian American born in Taiwan, largely handles civil litigation, asset protection, commercial and family law. She is the only Democratic candidate who is not a judge, and she's running for Supreme Court Place 6, a seat currently occupied by Justice Jeff Brown.

At a press conference announcing their candidacies, Kirkland, who has worked as a judge for a dozen years, said he was arrested and served time for a charge of driving while intoxicated more than 30 years ago.

"I talk about it now on the front end because when it comes out, because it will, that it's there and it's old and it's part of who I am, but it's not something that anyone should be worried about," he said.

Kirkland is expected to face off against Jimmy Blacklock, Gov. Greg Abbott trusted general counsel. The governor announced Monday he would appoint Blackock to the job if Justice Willett is confirmed to the federal circuit court.

Andrea Zelinski covers politics, state government and the courts for the Chronicle. Follow her this election season on Twitter and Facebook. Send her tips at andrea.zelinski@chron.com.